[PDF] A BY-LAW TO PROHIBIT AND REGULATE THE PARKING

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CITY OF QUINTE WEST

BY-LAW NO. 12-124

PARKING BY-LAW

AS AMENDED BY

BY-LAW NUMBER

13-20 13-82

13-129

13-142

14-24 14-61

15-037

15-143

16-006

16-030

16-039

16-043

16-079

16-144

17-059

17-107

17-135

18-040

THE CORPORATION OF THE CITY OF QUINTE WEST

BY-LAW NUMBER 12-124

BEING A BY-LAW TO PROHIBIT AND REGULATE THE

PARKING, STANDING AND STOPPING OF VEHICLES IN

THE CITY OF QUINTE WEST.

WHEREAS THE Highway Traffic Act, RSO 1990, Chapter H8, as amended and the Municipal Act, RSO 1990, Chapter M45, as amended, provide that the municipality, may pass by-laws for among other things, prohibiting or regulating the parking, standing or stopping of vehicles on highways, or any part of a highway, fire routes, disabled parking spaces, municipal property and private property, and parking lots; AND WHEREAS it is deemed advisable to provide for the prohibition and regulation of the parking, standing and stopping of vehicles in the City of Quinte West; NOW THERFORE BE IT ENACTED BY THE COUNCIL FOR THE CORPORATION

OF THE CITY OF QUINTE WEST AS FOLLOWS:

Citation

1. This by-law may be cited as the 2 Parking By-.

Definitions

2. The meaning ascribed to any term in the Highway Traffic Act, R.S.O. 1990, c.

H.8 as amended from time to time, are the meanings of that term as used in this By-law, unless that term is otherwise defined in this section or elsewhere in this by-law.

1. "Bicycle" includes a tricycle and unicycle having a wheel or wheels of

more than 45 centimeters in diameter but does not include a motor assisted bicycle.

2. "Boulevard" means the untraveled portion of the road allowance, which is

not intended for use by vehicles, and includes a centre strip separating two roadways and any paved or unpaved portions of the road allowance not intended for the normal use of vehicles, but does not include the sidewalk. 3. passengers, used for the transportation of persons for the purpose of public transportation, including buses used for the transportation of disabled persons and such buses have been authorized by Council, but does not include a vehicle licensed as a taxicab.

4. "Bus stop", means a space or area set aside on a highway as provided in

this by-law for the loading or unloading of passengers on a bus. 5. his/her designate. 6. permanently attached thereto a truck or delivery body, and includes ambulances, hearses, casket wagons, fire apparatus, police vehicles, buses, and tractors used for hauling purposes on the highway and any vehicle bearing commercial license plates.

7. "Corporation" means the Corporation of the City of Quinte West, and

Municipal and Municipality have a similar meaning.

8. "Council" means the Council of the Corporation.

9. "Cul-de-sac" means that part of a highway open at one end only, with

special provisions for turning around by a vehicle.

10. "Curb" includes the edge of the traveled portion of any highway.

11. appears by reason of its age, appearance or mechanical condition to be abandoned or that lacks number plates, permit or identification numbers bearing current validation, so that the vehicle cannot be operated on a highway in accordance with the Highway Traffic Act or the regulations made thereunder.

12. "Designated Parking Space" means a parking space that has been set

aside for the parking of a particular vehicle or class of vehicles or for use by a particular person or class of persons for the parking of a vehicle. 13. indicating such space to be for the sole use of vehicles operated by or conveying a person in respect of whom a disabled person permit has been issued in accordance with the requirements of the Highway Traffic Act as amended.

14. "Driveway/Laneway" means improved land on a highway which provides

vehicular access from the roadway to a laneway or a parking area on adjacent land.

15. "Fire Route" means any highway, lane, ramp or other means of vehicular

access to or egress from a building or structure, and it may include any part of municipal or private property including parking lots, and a "Fire

Lane" is a Fire Route.

16. weight of three thousand kilograms (3000 kg.) or more.

17. "Highway" includes a common and public highway, street , avenue,

parkway, driveway, square, place, alley, bridge, viaduct or trestle designed and intended for or used by the general public for the passage of vehicles, similar meaning.

18. "Intersection" means the area embraced within the prolongation or

connection of the lateral curb lines or if none, then the lateral boundary lines of two or more highways which join one another at an angle, whether or not one highway crosses the other.

19. "Loading Zone" means an area or place on a highway established by

authority of this By-Law for accommodation of commercial vehicles and the loading and unloading of goods, wares, merchandise or passengers.

20. "Motor Vehicle" includes an automobile, motorcycle, and any other vehicle

propelled or driven otherwise than by muscular power, and includes but is not limited to a motorized snow vehicle, a motor assisted bicycle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road building machine within the meaning of the Highway Traffic Act, but does not include the cars of electric or steam railways, or other motor vehicles running only upon rails.

21. "Municipal Property" includes property owned or controlled by the

Corporation, other than a highway.

22. "Occupant", when used in relation to property, shall mean:

(a) the tenant of the property or part thereof whose consent shall extend only to the control of the land of which he or she is tenant and any parking spaces allotted to him under his or her lease or tenancy agreement; (b) the spouse of a tenant; (c) a person or the Corporation, or a local board thereof, having an interest in the property under an easement or right-of-way granted to or expropriated by the person, municipality or local board whose consent shall extend only to the part of the property that is subject to the easement or right-of-way; (d) a person authorized in writing by an occupant as defined in clause (a), (b), or (c) to act on the occupant's behalf for requesting the enforcement of this by-law.

23. "Officer" includes a Municipal Law Enforcement Officer or a Police Officer,

for the Corporation or any person appointed by the Corporation for the purpose of carrying out the enforcement of part or all of this by-law but does not include a Private Property Officer.

24. "Official Sign" means any sign or roadway, curb or sidewalk marking or

other device placed or erected under the authority of this by-law or which is authorized pursuant to the Highway Traffic Act or the regulations passed thereunder, for the purpose of regulating, warning, parking or guiding traffic; in particular, and without limiting the generality of the foregoing includes, yellow paint applied to a curb or object or pylons or temporary signs, placed to indicate that parking or stopping is prohibited.

25. "Operator" means any person who drives or operates or who has the care

and control of a vehicle.

26. "Owner", when used in relation to property, means:

(a) the registered owner of the property; (b) the registered owner of a condominium unit, whose consent shall extend only to the control of the unit of which he or she is owner and any parking spaces allotted to him or her by the condominium corporation or reserved for his or her exclusive use in the declaration or description of the property; (c) the spouse of a person described in clause (a) or (b); (d) where the property is included in a description registered under the Condominium Act, the board of directors of the condominium corporation; or (e) a person authorized in writing by the property owner as defined in clause (a), (b), (c) or (d) to act on the behalf for requesting the enforcement of this By-law.

27. "Owner" when used in relation to a vehicle means the registered name on

file with the Ministry of Transportation and Communications.

28. "Parked, Park or Parking" means to allow a vehicle to remain stationary

except in obedience to traffic regulations, signs, or signals, or while actually engaged in taking on or discharging passengers, or loading or unloading of merchandise.

29. "Parking infraction" means any parking, standing or stopping of a vehicle

that constitutes an offence under this By-law.

30. "Parking Lot" means a parking area to which the public has access

whether on payment of a fee or otherwise.

31. "Parking meter" means a device which shall indicate or display the length

of time that a vehicle may be parked in a parking space for which it is located and which device shall have a receptacle for receiving and storing coins, a slot or place in which such coins may be deposited, and a timing mechanism to indicate or display the length of time for which the parking of a vehicle is permitted and includes an automated ticket dispensing machine that may be used for more than one parking space and which issues a ticket which displays or indicates the length of time that a vehicle may be parked in a particular parking space.

32. "Parking Space" means a portion of a Highway or a municipal or private

Parking Lot that is designed for the parking of a vehicle, and such space is delineated by markings on the pavements or other markings to distinguish one space from another.

33. "Pedestrian" means a person travelling on foot and includes a person in a

wheelchair and a child in a baby carriage.

34. "Permit"

(a) when used in respect of a Disabled Person Parking space means a disabled person parking permit issued under the Highway Traffic Act or a permit, number plate or other marker or device issued by another jurisdiction and recognized under the Act; (b) When used in respect of parking means a permit issued by the Corporation under this By-law for the purpose of parking on highways or municipal parking lots.

35. "Permit Holder" means the person in whose name a permit is issued.

36. "Private Property" means any property other than highways and Municipal

Property, but includes the property of a local board.

37. means an agent of the property owner who is

appointed by by-law for enforcing parking infractions on a specified private property and such appointment is subject to conditions of the appointment by-law and/or any section of this by-law.

38. "Private roadway" means a roadway or laneway on private property;

39.
may be expected to congregate in large numbers and includes but is not limited to a church, hotel, hospital, nursing home, theatre, auditorium or arena.

40. "Road Maintenance" includes civic services such as road repairs, snow

plowing or snow removal, that are already in progress or are to be commenced as indicated by work in progress, appropriate signs, barriers, pylons or other such indicator.

41. "Roadway" means that part of the highway that is improved, designed or

ordinarily used for vehicular traffic, but does not include the shoulder and, where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively. 42.
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